General Terms and Conditions and Customer Information
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Title Retention
- Warranty for Defects (Guarantee)
- Special Conditions for the Processing of Goods according to Specific Customer Requirements
- Application of Offer Vouchers
- Applicable Law
- Alternative Settlement of Disputes
1.1 These General Terms and Conditions (subsequently called „GTC“) by Marc Drescher, acting on behalf of „Massageliegenhaus“ (subsequently referred to as „seller“) apply to every contract concerning the delivery of goods which a consumer or entrepreneur (subsequently called „customer“) concludes with the seller over the goods offered by the seller in his online shop. Any consideration of the customer’s own conditions is rejected unless explicitly agreed upon.
1.2 A consumer as defined by theses GTC is a natural person concluding a legal transaction which is not predominantly assignable to commercial or autonomous professional activity of this person. An entrepreneur as defined by these GTC is a natural or legal person or a private company having legal capacities exercising their own commercial or autonomous business activity at the moment of the conclusion of a legal transaction.
2) Conclusion of the Contract
2.1 The product descriptions in the seller’s online shop are non-binding offers made by the seller provided for the customer to make a binding offer.
2.2 The customer can make his/her offer by means of the online order form provided in the seller’s online shop. After selecting the goods, adding them to the virtual shopping cart and completing the electronic order process, the customers makes a legally binding offer concerning the goods listed in the shopping cart by clicking on the button concluding the order. The customer may also make his offer to the seller by telephone, fax, e-mail, by letter or through the online contact form.
2.3 The seller may accept the customer’s offer within five days
- By sending the customer a written order confirmation or an order confirmation in text form, (fax or e-mail), whereupon the relevant item is the customer’s reception of the order confirmation , or
- By delivering the customer the ordered goods, in this case the customer’s reception of the goods being relevant, or
- By requesting the customer to pay after his/her order transmission.
In case of the existence of more than one of the above cited alternatives, the contract shall be concluded by earliest alternative taking place. The period to accept the contract begins the day after the dispatch of the offer by the customer and ends with the end the fifth day following the dispatch of the offer. In case the seller does not accept the customer’s offer within the indicated period, the offer shall be deemed to have been refused implicating that the customer is no longer bound to his declaration of intention.
2.4 Choosing the payment method „PayPal Express“, the payment transaction will be carried out by the service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (subsequently referred to as: „PayPal“), in accordance with the terms and conditions of use of PayPal, viewable under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - in case the customer does not own a PayPal account – according to the conditions for payment operations without a PayPal account, viewable under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. By choosing „PayPal Express“ as payment method during the online order transaction, the customer concludes a contract over the payment transaction with PayPal at the same time by clicking on the button concluding the order. For this case, the seller declares the acceptance of the customer’s offer already at the moment in which the customer initiates the payment operation by clicking on the button concluding the order.
2.5 Choosing the payment method „Amazon Payments“, the payment transaction will be carried out by the service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxemburg (subsequently referred to as: „Amazon“), in accordance with the terms and conditions of Amazon Payments Europe, viewable under https://payments.amazon.de/help/201751590. By choosing „Amazon Payments“ as payment method, the customer concludes a contract over the payment transaction with Amazon at the same time by clicking on the button concluding the order. For this case, the seller declares the acceptance of the customer’s offer already at the moment in which the customer initiates the payment operation by clicking on the button concluding the order.
2.6 By making an offer through the seller’s online order form, the text of the contract will be saved by the seller and sent to the customer after the dispatch of the order together with the present GTC in text form (for example by e-mail, fax or letter). The text of the contract will additionally be archived on the seller’s web page and can be recalled free of charge by the customer through his/her password-protected user account indicating the respective login details, provided that the customer has created a personal user account at the seller’s online shop before dispatching the order.
2.7 The customer has the possibility to check his/her order on possible input errors before dispatching the binding offer through the seller’s online order form by reading through the displayed information carefully. It may be helpful to amplify the view by means of the browser’s zooming feature magnifying the displayed images in order to recognise possible input errors. The customer can correct his/her input within the electronic order transaction by means of the conventional keyboard and mouse functions until he/she clicks on the button concluding the order.
2.8 The languages available for the conclusion of the contract are German and English.
2.9 The order processing and contacting are usually carried out automatically by e-mail and automated order processing. It is the customer’s duty to make sure the e-mail address indicated by him/her for the processing of the order is correct so that the e-mails sent to that address by the seller can actually be received. When employing SPAM filters in particular, the customer needs to assure that all the e-mails sent by the seller or by any third party charged with the processing of the order by the seller can actually be delivered.
3) Right of Withdrawal
3.1 The consumers generally have a right of withdrawal.
3.2 Please find more detailed information on the right of withdrawal in the seller’s provided section „Cancellation Policy“.
3.3 The right of withdrawal is not valid for those consumers who do not belong to a member state of the European Union and whose sole residence and delivery address is outside the European Union at the time of the conclusion of the contract.
4) Prices and Payment Conditions
4.1 Unless indicated otherwise in the seller’s product description, the indicated prices are total prices containing the statutory value added tax. Any additional delivery and shipping costs are indicated separately in the respective product description where applicable.
4.2 In the case of deliveries to countries outside the European Union, in single cases there may arise supplementary costs which incur outside the seller’s responsibility and which the customer has to bear, such as the banks‘ fees for payment transactions (like transfer charges or exchange charges) or import duties or taxes (like customs duties). Such expenses related to money transfer may also arise if the goods are not delivered to a country outside the European Union but the payment transaction is being made from a country outside the European Union by the customer.
4.3 The customer is informed about the possible payment method(s) in the seller’s online shop.
4.4 In case a bank transfer has been agreed upon, the payment will be due immediately after the conclusion of the contract, unless the parties have stipulated a later due date.
4.5 In the case of payments by means of a method offered by PayPal, the payment transaction will be carried out by the service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (subsequently referred to as: "PayPal"), in accordance with the terms and conditions of use of PayPal, viewable under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - in case the customer does not own a PayPal account – according to the conditions for payment operations without a PayPal account, viewable under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 By choosing the payment method „PayPal Credit“ (payment by instalments via PayPal) the seller assigns his payment claims to PayPal. Prior to acceptance of the seller’s declaration of assignment, PayPal will run a credit check by using the transmitted customer information. The seller reserves the right to deny the customer the payment method “PayPal Credit” in the case of a negative check result. In the case of approval of the payment method „PayPal Credit“ by PayPal, the customer is bound to pay the invoice sum to PayPal in accordance with the payment conditions defined by the seller and specified in the seller’s online shop. In this case, the customer can only pay to PayPal with discharging effect. However, also in the case of an assignment of the payment claim, the seller remains your competent partner for generic customer requests such as information on the goods, the times of delivery, shipping, return shipments, complaints, withdrawals and withdrawal shipment or refunds.
4.7 By choosing the payment method „Purchase on account“, the payment will be due once the goods have been delivered and charged. In this case, the purchase price will be due net within 7(seven) days from the reception of the invoice, unless otherwise agreed. The seller reserves the right to offer the payment method “Purchase on account” only up to a certain order volume and hence deny this payment method for orders exceeding the indicated volume. In this case, the seller will advise the customer of the respective limitations within the payment information in the online shop. The seller also reserves the right to run a credit check in the case of the selection of the payment method “Purchase on account” and to deny this kind of payment in case of a negative check result.
4.10 By choosing the payment method „PayPal Account“, the seller assigns his payment claims to PayPal. Prior to acceptance of the seller’s declaration of assignment, PayPal will run a credit check by using the transmitted customer information. The seller reserves the right to deny the customer the payment method “PayPal Account” in the case of a negative check result. In the case of approval of the payment method „PayPal Account“ by PayPal, the customer is bound to pay the invoice sum to PayPal within 30 days from receiving the goods, provided that PayPal has not defined any other due date. In this case, the customer can only pay to PayPal with discharging effect. However, also in the case of an assignment of the payment claim, the seller remains your competent partner for generic customer requests such as information on the goods, the times of delivery, shipping, return shipments, complaints, withdrawals and withdrawal shipment or refunds. In addition, the general terms and conditions of PayPal apply to the use of purchase on PayPal Account, viewable under https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
5) Delivery and Shipping Conditions
5.1 The delivery of the goods will be carried out on the dispatch route to the delivery address indicated by the customer, unless otherwise agreed. The delivery address indicated by the customer in the seller’s order process is relevant for the processing of the transaction. By way of derogation, the delivery address transferred to PayPal at the time of the payment shall be relevant in the case of the selection of „PayPal” as payment method.
5.2 Those goods which require delivery by a shipping company will be delivered to the closest public kerbstone to the delivery address, unless otherwise defined within the seller's online shop or otherwise agreed.
5.3 In case the shipping company sends the dispatched goods back to the seller because of unsuccessful delivery at the customer's delivery address, it will be the customer to bear the costs for the shipping without success. This does not apply in case the customer effectively exercises his right of withdrawal, in case the circumstances causing the delivery to be unsuccessful are arising because of any case beyond his/her control or in case he/she is temporarily unable to receive the offered service, unless the seller has communicated the service some reasonable time before.
5.4 In case of pickup by the customer, the seller initially informs the customer by e-mail that the ordered goods are ready for pickup. After receiving this e-mail, the customer can pick up the goods according to prior agreement with the seller at the seller's head office. In this case there will be no delivery fee.
6) Title Retention
Should the seller provide goods or services in advance, he shall remain the owner of the delivered goods until the full payment has been made.
7) Warranty for Defects (Guarantee)
7.1 In case the acquired goods are defective, the statutory provisions for the warranty of defects shall apply.
7.2 By way of derogation, the limitation period for warranty claims in the case of second hand goods shall be one year from the delivery of the goods to the customer. The reduction of the limitation period to one year shall not apply
- for goods that have been used according to their conventional use for a construction and hence caused the construction's defect,
- for claims for warranty and reimbursement for expenses by the customer, as well as
- in the case of fraudulent concealment of the defect.
7.3 The customer is asked to notify any visible transport damage on the delivered goods to the deliverer and to inform the seller thereof. Should the customer not fulfil this, it shall not have any effect on his/her statutory or contractual warranty claims.
8) Special Conditions for the Processing of Goods according to Specific Customer Requirements
8.1 Should the contract provide the seller's liability to the customer not only for the delivery but also for the processing of the goods according to specific requirements of the customer, the customer has to provide the operator with all the necessary contents, texts, images or graphics in the file format, formatting, image and file sizes required by the operator for the processing of the goods and to give him all the necessary usage rights. The customer alone is responsible for the providing as well as the acquisition of the rights on these contents. The customer declares and takes the responsibility that he/she is entitled to to use the contents provided to the seller. He/she takes particular care for the rights of any third party, especially copyright, trademarks and personal rights, not to be violated.
8.2 The customer releases the seller from claims arising as a result of the vilation of third parties' rights through the utilisation of the customer's contents by the seller as provided in the contract and which those third parties may assert against the seller. In this case, the customer shall also bear the appropriate costs for a necessary legal defense including all the court and lawyer fees at statutory rates. This shall not apply in case the violation of rights occurs beyond the customer's control. In the case of a third party claim, the customer is bound to provide the seller immediately, truthfully and completely with every information necessary for the verification of the claims and a defense.
8.3 The seller reserves the right to deny orders over the processing of goods in case the contents provided by the customer violate legal or official interdictions or moral conventions. This shall especially apply to unconstitutional, racist, xenophobic, discriminatory or insulting contents, as well as contents that are harmful to young persons and/or glorifying violence.
9) Application of Offer Vouchers
9.1 Those vouchers that are given for free by the seller within a limited promotion, having an expiration date and which cannot be acquired by purchase (subsequently referred to as „promotion vouchers“) can be redeemed exclusively through the seller's online shop and only within the indicated period.
9.2 Single products may be excluded from the promotion, provided that there results a respective limitation from the content of the promotion voucher.
9.3 The promotion vouchers can only be redeemed before completing the order. Retroactive settlement is not possible.
9.4 There can be redeemed only one promotion voucher per order
9.5 The merchandise value must be at least as high as the value of the promotion voucher. Possible credits cannot be reimbursed by the seller.
9.6 If the value of the promotion voucher does not cover the expense of the order, the remaining amount can be settled by means of one of the payment methods offered by the seller.
9.7 The credit of a promotion voucher will neither be paid out cash nor is it interest-bearing.
9.8 The promotion voucher will not be refunded in case the customer gives back the purchased goods which have been fully or partially paid with a promotion voucher by exercising his/her right of withdrawal.
9.9 The promotion voucher is transferable. The seller can fulfil to the respective owner using the promotion voucher for his/her purchase in the seller's online shop with discharging effect. This does not apply in case the seller has knowledge or grossly negligent unawareness of the user not being entitled or contractually capable or not authorised to act for the respective owner.
10) Applicable Right
10.1 The applicable law for every privity of contract of the parties is the Law of the Federal Republic of Germany excluding the laws on the international sale of movable goods. For consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn through compelling provisions of the law of the state which the consumer has his/her usual place of residence.
10.2 Furthermore, with regard to the legal right of withdrawal, this choice of right shall not apply for those consumers who do not belong to a member state of the European Union and whose sole residence and delivery address is outside the European Union at the time of the conclusion of the contract.
11) Alternative Settlement of Disputes
11.1 The European Commission provides a platform for the online settlement of disputes on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as contact area for the extrajudicial settlement of disputes arising from online contracts over sale or provision of services which involve a consumer.
11.2 The seller is neither obliged nor willing to take part in a dispute settlement procedure before an arbitration board for consumers.